What do probate lawyers do?

Probate is a very specific legal process which is involved in the court authorising a particular version of the will which is filed in the court and made the official document of reference in relation to that person’s estate. Although the process of probate differs slightly in different states, it is almost always the sole domain of the Supreme Court of the State in which the probate application is being made to determine how the probate is to be granted in a particular instance, obviously within the bounds of the appropriate succession legislation and any provisions of the common law which are in place in that particular jurisdiction.

How does the probate process work?

The first step to obtaining probate is to find the will and the death certificate for the person who has died. This enables you to file for the grant of probate and the court to appoint the executor as stated in the will or in the case where there is no will or no clear appointment of an executor, the court can issue letters of administration to an appropriate person. The court normally has a very wide discretion to choose an appropriate person for the purposes of the probate process. Once probate has been obtained and the court has appointed the executor of the estate, the process of administering the estate can being. There are a number of obligations on the executors of estates to ensure that the estate is administered fairly and in the interests of the beneficiaries of the estate, that it administered with reasonable efficiency and that excessive fees are not incurred as a result of the administration of the estate.

Where can I get help with probate?

We have a number of lawyers available who specialise in wills and probate work. It can be complicated, especially if you are an executor to keep track of all of the obligations on you. However, having the assistance of a qualified professional can be an enormous assistance.